Wednesday, March 25
We would like to thank the law firm of Kane Russell Coleman & Logan, PC for sponsoring a reception for attendees of The ABCs of Banking Law and the Banking Institute attendees on Wednesday, March 25, 2015. Registered attendees for each program will receive an invitation with more details from Kane Russell.
Thursday, March 26
Registration and Coffee
11:15 a.m. - 12:30 p.m.
Evolving Governance Realities for Financial Institutions
R. Augliera, Wells Fargo & Company, Charlotte
R. Fischer, Boston University Center for Finance, Law & Policy, Boston
H. (Molly) Scherf, Office of the Comptroller of the Currency, Washington, DC
G. Weinstock, Hunton & Williams, Dallas (moderator)
In 2014, regulators moved the goal posts on
responsibilities of financial institution management and boards. The OCC issued its “heightened” guidelines
for governance and risk management practices. Governor Tarullo spoke about enhancing governance and expanding
directors’ fiduciary duties. This
session will examine the principles embodied in such standards and positions,
their broader implications, and how they are being implemented.
12:30 p.m. - 1:00 p.m.
1:00 p.m. - 1:45 p.m.
Andy Hutcher and Tony O'Connor, Credit Suisse
Credit Suisse is a
leading global financial services company. It operates as an integrated bank with two global divisions: Private Banking and Wealth Management and
Investment Banking. Credit Suisse’s
Center of Excellence in the Americas, employing almost 1,400 staff, is located
in the Research Triangle Park, and provides a cost effective global business
by: John Charles Boger, Dean and Wade Edwards Distinguished Professor of Law, UNC School of Law
Andy Hutcher is a Managing Director and Counsel of Credit Suisse in the General Counsel division, based in New York. He is Chief Operating Officer of the Advisory and Control Group in the Americas and manages several groups that provide legal and advisory services, consisting of the documentation of master and related agreements for derivatives; Americas country coverage in Brazil, the rest of Latin America and the Caribbean, and Canada; and certain regulatory matters. Hutcher serves on the Americas General Counsel Management and Operating Committees. Prior to joining Credit Suisse, Hutcher was at Shearman and Sterling. He received his B.S. from the University of Virginia and his J.D. from Vanderbilt University School of Law.
Tony O’Connor is a Director and Counsel at Credit Suisse, based in Research Triangle Park, North Carolina. He manages the General Counsel Division’s first-of-a-kind Legal Associate Program and 1L Summer Associate Program in RTP. He is also the Americas Practice Group Leader for data management, privacy, intellectual property, and sourcing. Prior to joining Credit Suisse, Tony was a senior counsel at IBM, an associate at Davis Polk & Wardwell, and a law clerk for a federal district court judge. He received his A.B. from Princeton University and his J.D. from New York University.
1:45 p.m. - 2:00 p.m.
2:00 p.m. - 3:30 p.m.
Too Big to Fail
J. Feldman, Federal Reserve Bank of Minneapolis
B. Sak, Bank of America, Charlotte
A. Smith, Jr., Monitoring Ltd., Raleigh (coordinator)
P. Vartanian, Dechert LLP, Washington, DC
The panel will
discuss Too Big to Fail, how regulators try to eliminate TBTF, living wills,
and how TBTF is impacted by SIFI designation.
3:30 p.m. - 3:45 p.m.
3:45 p.m. - 5:00 p.m.
Hot Topics for Community Banks
Atkinson, Nelson Mullins Riley & Scarborough LLP, Charlotte
H. Eveson, Wyrick Robbins Yates & Ponton, LLP, Raleigh
E. Morrical, Tucker Ellis, LLP, Cleveland
Patricia (Pat) Oliver, Tucker Ellis, LLP, Cleveland (moderator)
J. Shumaker, Bryan Cave, LLP, Atlanta
This panel will
discuss some of the challenges faced by community banks, including access to
capital and capital raising techniques; current challenges in the regulatory
climate; getting M&A deals done: community banks as buyers and sellers; and the future of the community
5:00 p.m. - 6:00 p.m.
opportunity to mix and mingle with the participants, including program speakers
and the law students who produced the North
Carolina Banking Institute journal is always a highlight of the Banking
6:00 p.m. - 8:00 p.m.
2015 Banking Institute Annual Dinner**
This is a separately ticketed event, but it is included without additional charge for all speakers, students, those attending as corporate sponsors, or on other special admission rates. Please consider attending to spend more time meeting and talking with colleagues and to hear the after-dinner remarks.
The Center for Banking
and Finance Leadership Award
This award is given
for just the fifth time tonight in recognition of outstanding contributions to
banking law and the banking industry. Please join us in celebrating Tony Gaeta.
Anthony Gaeta, Jr.,
Wyrick Robbins Yates & Ponton LLP, Raleigh
Introduced by: Lissa L. Broome, Wells Fargo Professor of Banking Law and Director of the Center for
Banking and Finance
Tony practices with
Wyrick Robbins with a focus on financial institutions. He has served on the Board of Advisors for
the Banking Institute since its inception almost twenty years ago and has been
a guiding force in ensuring its success and financial support.
Tony taught Mergers
& Acquisitions at the UNC School of Law for a number of years. Prior to joining Wyrick Robbins, Tony was the
founder of Gaeta & Eveson, PA. His
career began at Simpson Thacher & Bartlett after graduating from Wesleyan University
and receiving his J.D. from William and Mary. He has worked at Ward and Smith, Moore & Van Allen, and as General
Counsel to United Carolina Bancshares Corporation (now part of BB&T
The Fourth Annual George
and Susan Beischer Address
John D. (Jerry) Hawke, Jr., Arnold & Porter LLP,
Introduced by: Pat Doyle, Arnold & Porter LLP, Washington,
Jerry Hawke has
served as Comptroller of the Currency (1998-2004), Under Secretary of the
Treasury for Domestic Finance (1996-1998), and General Counsel to the Board of
Governors of the Federal Reserve System (1975-1978). He began his career as a law clerk to Judge
E. Barrett Prettyman on the U.S. Court of Appeals for the District of Columbia,
followed by work as counsel to the Select Committee on Education in the House
of Representatives. Hawke then joined
Arnold & Porter and has worked there since that time, except when his
practice was interrupted by government service.
the Beischer Challenge, George and Susan Beischer agreed to match up to $1
million of grifts and pledges to the Center for Banking and Finance. The gift was completed in 2011 and celebrated
at the William Horn Battle Society Dinner on April 2011. In honor of this transformative gift to the
Center, its board of advisors voted to name the after-dinner address at the
annual Banking Institute in honor of the Beischers. We mourn George’s death in September 2011,
and are pleased that the Beischer Address is an annual opportunity to remember
George and to thank the Beischers for their generosity.
Friday, March 27
7:45 a.m. - 8:30 a.m.
Coffee and Breakfast
8:30 a.m. - 9:45 a.m.
Dodd Frank Act and Other Regulatory
Developments—The Work Continues
T. Bloom, SunTrust Banks, Inc., Atlanta
A. Cammarn, Cadwalader, Wickersham & Taft LLP, Charlotte
Patrick Doyle, Arnold & Porter LLP, Washington, DC (co-coordinator)
M. Harrington, Board of Governors of the Federal Reserve System, Washington, DC
M. Horn, Morgan, Lewis & Bockius LLP, Washington, DC (co-coordinator)
The federal financial
regulatory agencies have continued their multi-year efforts to implement the
Dodd-Frank Act, taking important regulatory actions in 2014, including actions
on matters such as regulatory capital and liquidity requirements, prudential
regulation and supervision, board governance developments, credit risk
retention requirements for securitization transactions, and money market mutual
fund reform. The agencies and the financial services industry, however,
continue to contend with important and difficult regulatory issues such as the
scope and impact of the Volcker Rule and its implementing regulations, and the
ongoing implementation of derivatives reform and municipal advisor regulatory
requirements. Further, several important provisions of the Dodd-Frank
Act, including regulatory action on financial institution executive
compensation requirements, still remain to be implemented. Also, Congress already has enacted recent
amendments to the Dodd-Frank Act, and other legislative changes may be
considered in 2015. This panel of regulatory practitioners and agency officials
will discuss these and other key regulatory issues, and their implications for
money center, regional, and community banking organizations.
9:45 a.m. - 10:00 a.m.
10:00 a.m. - 11:00 a.m.
The Donald C.
Clifford, Jr. Distinguished Lecture on Consumer Law
Barry Zigas, Director of Housing Policy, Consumer
Federation of America
Introduced by: Donald
C. Lampe, Morrison & Foerster LLP, Washington, DC
Barry Zigas became
the Director of Housing Policy for the CFA in 2008. He also consults with nonprofits and
foundations on strategy, innovation, and leadership through his firm, Zigas and
Associates LLC. Zigas previously served
as Senior Vice President at Fannie Mae where he led the company’s single family
community lending initiatives. Prior to
his time at Fannie, he was the President of the National Low Income Housing
Coalition. He has also served as
Associate Executive Director at the U.S. Conference of Mayors. Zigas received his undergraduate degree at
Grinnell College and is a graduate of the Wharton School’s Advanced Management
Distinguished Lecture on Consumer Law was established by the UNC School of Law
and friends following Professor Clifford’s death. Donald Clifford was the Aubrey L. Brooks
Professor and served as a faculty member of Carolina Law from 1964 to 2004,
specializing in commercial and consumer law. He founded the law school’s very successful Festival of Legal Learning
and served as a member of the Board of Advisors for the Center for Banking and
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:30 p.m.
The Regulatory Underpinnings of Commercial
R.H. Hall, Morgan, Lewis & Bockius LLP, Washington, DC
M. Huffstetler, Robinson Bradshaw & Hinson, Charlotte, NC (moderator)
C. Lampe, Morrison & Foerster LLP, Washington, DC (moderator)
A. Wertz, Bank of America, Charlotte
In the everyday
practice of commercial lending, questions of deal structure, loan terms, loan
documentation and borrower type often revolve around rules, regulations, and
interpretations of the federal banking regulators. Yet, most “deal” attorneys are not expected
to master banking regulation. This
presentation will help commercial lending practitioners and others spot common
regulatory issues such as Regulation W, capital requirements, appraisal
regulations, anti-tying, and CFPB regulations, and offer practical suggestions
for dealing with these issues in fast-paced transactions.
12:30 p.m. - 2:30 p.m.
Center for Banking and Finance Board of Advisors Luncheon Meeting